MANAGEMENT O522, KOVILPATTI AGRICULTURAL PRODUCERS CO-OPERATIVE MARKETING SOCIETY LTD., Vs. G.BALASUBRAMANIAN

JUDGEMENT

(1.) The present writ petition has been filed by a Co-operative Society challenging the order passed by the Labour Court, Tirunelveli in I.D.No.75 of 2018.

(2.) The respondent herein was working as a lorry cleaner in the petitioner society. Due to loss, the lorry was sold on 3/9/2003. The respondent herein was paid compensation and he was retrenched from service. The respondent had raised an industrial dispute before the Conciliation Officer and it ended in failure. The request for reference was rejected by the Government in G.O.No.816 Labour and Employment (D1) Department dtd. 26/11/2006. This order had reached finality.

(3.) The respondent herein had filed an appeal before the authority under Tamil Nadu Shops and Establishments Act and the same was allowed on 16/4/2018. The writ petition and a writ appeal filed by the management were dismissed. The respondent herein was provided with an alternative employment as Gin fitter on 29/5/2015. The respondent has attained superannuation on 30/6/2015 and he was permitted to retire. The respondent had raised an industrial dispute under 2-A(2) of the Industrial Disputes Act before the Labour Court in I.D.No.75 of 2018 contending that the order of non-employment dtd. 30/6/2015 is illegal and he should be reinstated in service with backwages and continuity of service.